HomeMy WebLinkAbout20233429.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE,COZ23-0004,FROM THE A(AGRICULTURAL)ZONE
DISTRICT TO THE I-1 (LIGHT INDUSTRIAL) ZONE DISTRICT -
FRITZLER REAL ESTATE,LLC
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,a public hearing was held on the 6th day of December,2023,at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Fritzler Real Estate,
LLC, 20909 County Road 33, LaSalle, Colorado 80645, requesting a Change of Zone,
COZ23-0004,from the A(Agricultural)Zone District to the I-1(Light Industrial)Zone District for a
parcel of land located on the following described real estate,to-wit:
Lot C of Corrected Recorded Exemption,
CORR RE-3966; being part of the N1/2 of
Section 22,Township 4 North,Range 66 West of the
6th P.M.,Weld County,Colorado
WHEREAS,the applicant was present,and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone,and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.6.1-That the proposal is consistent with Chapter 22 of
the Weld County.
1) Section 22-2-30.C.1 —Land Use Goals and Objectives, states:
"Harmonize development with surrounding land uses;" and
"Transition between land use types and intensities with buffers.
Uses that are incompatible with existing uses must be able to
mitigate conflicts."Future industrial uses will have to be approved
through a Site Plan Review(SPR),a Use by Special Review Permit
(USR),or a Zoning Permit. Future uses are subject to the bulk
standards of the I-1(Light Industrial)Zone District.Additionally,
uses in the I-1 Zone District,that require use outside of an enclosed
building,shall be screened from adjacent public rights-of-way and
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Carly Koppel,Clerk and Recorder,Weld County,CO
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CHANGE OF ZONE(COZ23-0004)-FRITZLER REAL ESTATE,LLC
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adjacent lots in any Zone District other than 1-3(Heavy Industrial)
Zone District.
2) Section 22-2-40.A.1 — Economic Development Goals and
Objectives, states: "Support compatible economic development
opportunities;"and"Identify target areas where the County is able
to encourage shovel-ready commercial and industrial
development."The property is located within a Weld County
Opportunity Zone,as currently defined in Chapter 22 of the Weld
County Code.Commercial and Industrial Zoning are preferred in
Opportunity Zone locations.There are existing commercial and
industrial uses in the vicinity of this property and the property is near
to a Highway(U.S.Highway 34)and is adjacent to an arterial road
(CR 44),which borders County Road(CR)44(an arterial road)on
the north and is approximately 700 feet to the west of
U.S.Highway 85.
B. Section 23-2-40.B.2—The uses which will be allowed on the subject
property by granting the Change Of Zone will be compatible with the
surrounding land uses. The site is close to existing commercial and
industrial uses,permitted under amended Use by Special Review Permits,
or Site Plan Reviews.MUSR15-0016(Fairgrounds,brewery)is located to
the west; MUSR13-0019(auto repair and automobile sales)is located
approximately 450 feet to the east,and SPR14-0008(automobile repair)is
located approximately 375 feet to the northeast. The Weld County
Industrial Park(subdivision with 1-3 industrial uses)is located on the east
side of U.S. Highway 85. There are single family residences and
outbuildings located to the east(across CR 33),and to the northeast.
The proposed I-1(Light Industrial)Zoning is the lowest intensity Industrial
Zoning classification.The Intent of the I-1 Industrial Zone District states,in
part: "The purpose of the 1-1 Zone District is to provide a zone to
accommodate light industrial and compatible commercial uses that create
minimal negative impacts and are conducted primarily in enclosed
buildings. 1-1 Zone District properties are accessible to the public,
consumer-oriented, less resource-intensive than heavy industry, have
minimal environmental impacts,and maybe located near residential areas
if designed properly."The property is in an area identified as"Regional
Commercial"on the Framework Plan Map that is part of the Town of
Gilcrest's 2017 Comprehensive Plan Update.The Town of Gilcrest did not
return a referral response.
The property is located to the south(outside)of the City of Evans Future
Land Use map and is located outside of the Town of LaSalle Growth
boundary.This property is located within the boundaries of the City of
Evans and the Town of Gilcrest Cooperative Planning Agreement
boundaries.Both municipalities stated they were not interested in pursuing
annexation in their Notice of Inquiry responses,both dated July 24,2023.
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Carly Kopp.,Clark and Raoordar,Weld County,CCOUW''�
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The City of Evans,and the Towns of Gilcrest and LaSalle were provided
referrals for this case. The City of Evans and Town of LaSalle both
indicated no conflicts with their interests in the referral responses,dated
September 13,2023,and September 21,2023,respectively.No referral
response has been received from the Town of LaSalle.
Any future commercial/industrial uses will have to be approved through a
Site Plan Review,Use by Special Review,or a Zoning Permit process.Site
Plan Review and Use by Special Review applications are sent to referral
agencies and, with the Use by Special Review and Zoning Permit
processes,also sent to the surrounding property owners for comment.The
Conditions of Approval and Development Standards applied to both this
Change of Zone and any future Site Plan Review,Use by Special Review,
or Zoning Permits will adequately address and mitigate potential impacts.
C. Section 23-2-40.B.3—Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district.The site has an existing commercial well(Permit#314258)and a
septic system(SP-1900239).The Central Weld County Water District,in
the referral response dated September 25, 2023, stated they had no
conflicts with their interest.
D. Section 23-2-40.B.4-Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts.The property borders CR 44(a paved arterial road),and
CR 33 is currently identified as a gravel local road,which has since been
paved in this location. This will satisfy the minimum road standard
requirements,delineated in Section 23-2-30.4 of the Weld County Code
and an Improvements Agreement will not be required for this Change of
Zone.
E. Section 23-2-40.B.5 — In those instances where the following
characteristics are applicable to the rezoning request,the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a—If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County,the applicant has demonstrated compliance with the
County regulations concerning Overlay Districts.Compliance may
be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application.The site is not located within
any Overlay District.The site is not located within the(A-P)Airport
Overlay District, Special Flood Hazard Area, Geologic Hazard
Overlay District,1-25 Overlay District,Historic Townsites Overlay
District,Agricultural Heritage Overlay District, or(MS4) Multiple
Separate Storm Sewer System area.
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Carly Kopp's, and R,order,,
®wild County,Co 2023-3429
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CHANGE OF ZONE(COZ23-0004)-FRITZLER REAL ESTATE,LLC
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2) Section 23-2-40.B.5.b—The proposed rezoning will not permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future extraction
of such deposit by an extractor to any greater extent than under the
present zoning of the property. The size of the parcel is only
3.5 acres and is covered by existing buildings and structures.
3) Section 23-2-40.B.5.c—If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site,that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The site is covered by existing,
permitted buildings and structures.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Fritzler Real Estate, LLC,for a Change of Zone,
COZ23-0004,from the A(Agricultural)Zone District to the I-1(Light Industrial)Zone District on
the above referenced parcel of land be,and hereby is,granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall acknowledge the comments of the Western Mutual
Ditch Company (Frank Eckhardt), as stated in the response, dated
August 25, 2023. Written evidence of such shall be provided to the
Department of Planning Services.
C. There are two(2)structures(50 x 100 Pre-Fab AG-Exempt Storage Tent,
on dirt,to be used as storage for bio-mass hemp)on the property,permitted
under AGC20-0004 and AGC20-0005. The applicant shall
provide one(1)of the following:
1) Submit complete Non-conforming Structure application for these
structure(s)to the Department of Planning Services.
2) Provide evidence to the Department of Planning Services that these
structures have been appropriately dismantled/removed from the
property.
D. A 9,600-square-foot,structural steel,commercial storage building,on slab,
for hemp drying and storage,has been permitted and constructed on the
property, under Permit #CMN19-0070. The applicant shall submit a
complete Non-conforming Use of a Structure application to the Department
of Planning Services for this building.
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Carly Kopp.,Clark and Raoordar,Wald County,CO
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E. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ23-0004.
2) The plat shall adhere to Section 23-2-50.C and.D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) County Road 33 is a gravel road and is designated on the Weld
County Functional Classification Map(Code Ordinance#2017-01)
as a local road,which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing right-
of-way(along with the documents creating the existing right-of-way)
and the physical location of the road on the plat.If the existing right-
of-way cannot be verified it shall be dedicated.The applicant shall
also delineate the physical location of the roadway.Pursuant to the
definition of setback in the Weld County Code Section 23-1-90,the
required setback is measured from the future right-of-way line.This
road is maintained by Weld County.
5) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map(Code Ordinance#2017-01)
as an arterial road,which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way)and the physical location of the road on the
plat. If the existing right-of-way cannot be verified it shall be
dedicated.The applicant shall also delineate the physical location
of the roadway.Pursuant to the definition of setback in the Weld
County Code Section 23-1-90,the required setback is measured
from the future right-of-way line.This road is maintained by Weld
County.
6) The applicant shall show and label the existing permitted access
point onto County Road 33 and the usage type(Commercial).
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for I-1 (Light Industrial)uses,which shall
comply with the I-1(Light Industrial)Zone District requirements,as set forth
in Chapter 23,Article III,Division 5 of the Weld County Code.
B. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
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C. Any future uses onsite must obtain approval through a Site Plan Review or
Use by Special Review.
D. Any future structures onsite must obtain the appropriate Building Permits.
E. Water service may be obtained from an appropriately permitted well.
F. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by an On-site Wastewater Treatment System
designed in accordance with the regulations of the Colorado Department
of Public Health and Environment,Water Quality Control Division,and the
Weld County Code in effect at the time of construction,repair,replacement,
or modification of the system.
G. Activity or use on the surface of the ground over any part of the OWTS
must be restricted to that which shall allow the system to function as
designed and which shall not contribute to compaction of the soil or to
structural loading detrimental to the structural integrity or capability of the
component to function as designed.
H. The property owner or operator shall be responsible for controlling noxious
weeds on the site,pursuant to Chapter 15,Articles I and II,of the Weld
County Code.
I. Access on the site shall be maintained to mitigate any impacts to the public
road,including damages and/or off-site tracking.
J. The historical flow patterns and runoff amounts will be maintained on the
site.
K. A 9,600-square-foot Structural Steel Commercial Building for drying hemp
and storage was permitted under Commercial New Construction Permit,
#CMN19-0070,prior to this Change of Zone.The use of this building is
subject to the Non-conforming Use of Structures regulations,delineated in
Chapter 23 of the Weld County Code.
L. There are two(2)structures(50 x 100 Pre-Fab AG-Exempt Storage Tent,
on dirt,to be used as storage for biomass hemp)that were permitted under
Agricultural Building — Commercial Permits, #AGC20-0004 and
#AGC20-0005,prior to this Change of Zone.These structures are subject
to the Non-conforming Use of Structures regulations, delineated in
Chapter 23 of the Weld County Code.
M. Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be
granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Conditions of
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Approval and Development Standards stated herein and all applicable
Weld County regulations.
N. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld
County has some of the most abundant mineral resources,including,but
not limited to,sand and gravel,oil,natural gas,and coal.Under Title 34 of
the Colorado Revised Statutes,minerals are vital resources because(a)
the state's commercial mineral deposits are essential to the state's
economy;(b)the populous counties of the state face a critical shortage of
such deposits;and(c)such deposits should be extracted according to a
rational plan,calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens
of the populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development.
Oftentimes, mineral resource sites are fixed to their geographical and
geophysical locations.Moreover,these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
3. Upon completion of Conditions of Approval#1 and#2 above,the applicant shall
submit one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld
County Department of Planning Services.Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services.The plat shall be prepared in
accordance with the requirements of Section 23-2-50.C and.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within
120 days from the date of the Board of County Commissioners Resolution.The
applicant shall be responsible for paying the recording fee.
4. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners,the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat.The Board of
County Commissioners may extend the date for recording the plat.If the Board
determines that conditions supporting the original approval of the COZ cannot be
met,the Board may,after a public hearing,revoke the COZ.
5. In accordance with Appendix 5-J of the Weld County Code,should the plat not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance fee shall be added for
each additional three(3)month period.
6. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners, unless
otherwise specified by the approving Resolution of the Board of County
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CHANGE OF ZONE(COZ23-0004)-FRITZLER REAL ESTATE,LLC
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Commissioners.However,no Building Permit shall be issued,and no use shall
commence on the property, until the plat is recorded,and a land use permit
perfected.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
ddt444) Mice Freeman,C •
Weld County Clerk to the Board
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Deputy Clerk to the Board ,1
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APP UED RM: a„. L!2
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ounty ttorney �•, , �.. ......
Date of signature.
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